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2002 Mississippi Legislative Update

Jason Dare, 3L

The following are summaries of coastal, fisheries, marine, and water resources related legislation enacted by the Mississippi Legislature during the 2002 session.

2002 Mississippi Laws 325. (S.B. 2183)
Approved March 18, 2002. Effective July 1, 2002.
Amends Miss. Code § 65-1-8 to stop requiring rural water districts, rural water systems, nonprofit water associations and municipal public water systems in towns with 10,000 or fewer residents from paying for removal and relocation of water and sewer lines in right-of-ways of state highways.

2002 Mississippi Laws 340. (S.B. 2465)
Approved March 18, 2002. Effective July 1, 2002.
Creates Miss. Code §§ 49-15-201 through 49-15-207. Section 49-15-201 creates procedures for the forfeiture of vessels, outboard motors, boats or trailers seized pursuant to § 59-21-33 or any net or other paraphernalia used to further a marine violation pursuant to § 49-15-21. Section 49-15-203 gives the owner of seized property 30 days to file an answer to the forfeiture proceedings. Section 49-15-207 sets a $5000 limit on the property that can be forfeited.

2002 Mississippi Laws 341. (S.B. 2444)
Approved March 18, 2002. Effective July 1, 2002.
Amends Miss. Code § 53-9-71 to set limits on the suitability of coal mining practices that conform with federal law. Specifically, any party can petition a review commission to have lands designated unsuitable for coal mining operations. Unsuitable operations are determined by effects on: (1) important historic, cultural, scientific and aesthetic values and natural systems; (2) water supply from surface or subsurface sources; and (3) natural hazard lands, including frequently flooded and unstable geological areas.

2002 Mississippi Laws 362. (S.B. 2776)
Approved March 18, 2002. Effective March 18, 2002.
Amends Miss. Code § 49-1-15 to eliminate the examination requirement for conservation officers. In order to become a conservation officer, an individual must be at least 21 years old and either complete 64 semester hours at an accredited community college or university or pass the Law Enforcement Academy and have at least five years experience in law enforcement.

2002 Mississippi Laws 368. (S.B. 2835)
Approved March 18, 2002. Effective July 1, 2002.
Amends Miss. Code § 51-1-4 to prohibit the use of motorized vehicles in the beds of a public waterway, unless written permission is given by the landowner. The misdemeanor carries a penalty of between $150 and $250 for the first offense, and between $250 to $500 and/or 10 to 30 days imprisonment for a second offense committed within five years.

2002 Mississippi Laws 376. (S.B. 2966)
Approved March 18, 2002. Effective March 18, 2002.
Amends Miss. Code § 49-15-21 to authorize the executive director of the Department of Marine Resources to oversee the Enforcement Officers’ Reserve Unit, comprised of unpaid assistants to marine enforcement officers. Furthermore, this act adds § 49-15-22, which permits retired marine control officers to carry a firearm on their person, should they request to do so.

2002 Mississippi Laws 399. (H.B. 936)
Approved March 19, 2002. Effective July 1, 2002.
Amends Miss. Code § 41-3-16 to make loans and/or grants available to any eligible county, incorporated municipality, district or other water organization for the improvement of that entity’s water systems, provided the legislature has allocated the necessary funds.

2002 Mississippi Laws 401. (H.B. 1077)
Approved March 19, 2002. Effective July 1, 2002.
Amends Miss. Code § 49-17-29 to require applicants for permits to discharge wastewater into Mississippi waters from a new source to obtain a Certificate of Public Convenience and Necessity from the Public Service Commission. To do so, the applicant must submit financial and managerial information so that the commission may determine the discharge source’s practicability. Without this determination, no permit may be obtained.

2002 Mississippi Laws 430. (H.B. 1084)
Approved March 20, 2002. Effective July 1, 2002.
Amends Miss. Code § 49-15-46 to levy a 15¢ per sack fee on commercial oyster harvesters working in waters within Mississippi’s jurisdiction who do not sell their catch to Mississippi dealers. This fee, which is in addition to the regular oyster harvest fee, is to be paid on the day of harvest.

2002 Mississippi Laws 474. (H.B. 1331)
Approved March 27, 2002. Effective March 27, 2002.
Amends Miss. Code § 29-15-9 to authorize the Department of Marine Resources to make separate installment payments to any political subdivision or agency that has completed work on a tidelands project, including but not limited to materials used.

2002 Mississippi Laws 487. (H.B. 1397)
Approved March 27, 2002. Effective March 27, 2002.
Creates Miss. Code § 49-17-44.1, which grants the Commission on Environmental Quality authority to petition the chancery court of the county where any abandoned or grossly inefficient sewage system is located to attach the assets of the sewage system’s owner, and give control over the sewage system to a receiver. Parties that have used such a sewage system may intervene. The receiver has authority to operate the system in a manner beneficial to both its users and to the public, until such time that the chancery court determines that it is in these parties’ best interest to return authority to the original owner or sell it to a new owner.

2002 Mississippi Laws 489. (H.B. 1739)
Approved March 27, 2002. Effective January 1, 2002.
Amends Miss. Code § 27-35-50 to define the true value of aquaculture for tax purposes, which is calculated in the same manner as the true value of row crops. Appraisals are conducted according to the use of the land on January 1 of each year, using State Tax Commission criteria including soil type and productivity of the land.

2002 Mississippi Laws 493. (H.B. 434)
Approved April 1, 2002. Effective June 30, 2002.
Reenacts Miss. Code §§ 41-67-1 to 41-67-29, which are collectively known as the “Mississippi Individual On-Site Wastewater Disposal System Law.” This act gives authority over design and construction of on-site wastewater disposal systems to the State Board of Health. The developer of the disposal system must first submit a preliminary design and feasibility study prepared by a professional engineer to the Commission on Environmental Quality, who then determines the feasibility of the project. Next, the developer must submit a notice of intent to construct the disposal system to the Department of Environmental Quality, who in turn gives the developer applicable rules and/or regulations pertaining to the disposal system.

2002 Mississippi Laws 499. (H.B. 1558)
Approved April 1, 2002. Effective April 1, 2002.
Provides counties and towns with the authority to create Public Improvement Districts with five-member boards to construct and operate wastewater and sewage control facilities within the district.

2002 Mississippi Laws 506. (S.B. 2345)
Approved April 1, 2002. Effective April 1, 2002.
Amends Miss. Code § 69-7-605 to define “catfish” as any species within the family ictaluridae and “wholesaler” as anyone selling catfish to a direct retailer. The act also amends § 69-7-607 to prohibit the sale of catfish for human consumption by any processor, distributor, wholesaler or retailer, unless it is specifically marked either farm-raised, river or lake, imported or ocean catfish. The Office of Rural Health, a part of the Health Department, enforces and regulates domestic and imported fish.

2002 Mississippi Laws 522. (S.B. 2273)
Approved April 1, 2002. Effective April 1, 2002.
Establishes a fund, known as the “Deer Island Acquisition, Reclamation and Preservation Fund” to acquire, restore and preserve Deer Island as part of the Coastal Preserve System. Bonds issued for this purpose cannot exceed $10 million.

2002 Mississippi Laws 525. (S.B. 2553)
Approved April 2, 2002. Effective July 1, 2002.
Amends Miss. Code § 49-15-84 to authorize the Commission on Marine Resources, with assistance from the Gulf Coast Research Laboratory, to create market size limits and harvest size limits for peeler and soft-shell crabs. The act makes it illegal to possess, have or hold any female sponge crab or any female crab bearing visible eggs, unless the crab was caught unintentionally and is immediately returned to the water. Finally, this act creates § 49-15-84.1, which allows the Commission to open and close seasons for crab trap use in Mississippi’s public waters.

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